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Thread: Future employment -RFE

  1. #1

    Future employment -RFE

    Please help, here is my scenario.
    Company A filed had filed my I-485 in Jan 2012 as future employment but never worked with the company. I am working with company B since Nov 2011 on H1-B. Company B has also filed for my labor but it is still in labor stage. I work on H1-B for company B and my wife works on EAD.
    I received a RFE for EVL like everyone but here is the tricky part after my discussion with my attorney since I am earning twice as much what was stated in the labor of Company A. Options what the attorney gave:
    - File for AC21 with company B since I have continued employment for last 3 years with them, there might be an issue since company A I have never worked
    - Get a letter from company A for employment on GC with a higher salary to show motive. There will be no beginning date or salary since you have never worked. If i go with company A i do intend to start employment with company A since they have a valid job and do intend to hire me.

    Questions:
    - Any recommendations based on someone's personal experience
    - Is this a tricky situation or I am sweating over something which is not required

    Please suggest for any solution.

  2. #2
    almost, Welcome to the forum!

    Assuming your priority date is in 2008, the prevailing wage has been considerably increased in five years and getting a higher salary than what was offered in the perm is least considerable in my opinion.

    What is more important is the job offer described in the perm is still available to you or not? If company A has the same job offer open to you, go with company A's EVL with an genuine intention to join them after GC. You can negotiate salary later.

  3. #3
    Sorry to interfere into this thread but based on your response I had a question in mind - hope you don't mind answering

    If the above OP "goes with company A's EVL with a genuine intention to join them after GC." then does he still need to provide a current employer letter from the current employer that he is working for at the moment. The standard RFE clearly asks "to submit a currently dated letter verifying your employment with them mentioning current position and duties". Even if a future employment offer with A exists - USCIS also seems to be also asking about current employment ( and may also ask for paystubs / W2 in future ) . so how does one answer that ?

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